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Federal Aviation Administration, DOT 

§ 17.31 

applicable contract warranty provi-
sions. Any FAA contract disputes 
against the contractor based on gross 
mistakes amounting to fraud or latent 
defects shall be filed with the ODRA 
within two (2) years of the date on 
which the FAA knew or should have 
known of the presence of the fraud or 
latent defect. 

(d) A party shall serve a copy of the 

contract dispute upon the other party, 
by means reasonably calculated to be 
received on the same day as the filing 
is received by the ODRA. 

(e) With the exception of the time 

limitations established herein for the 
filing of contract disputes, the ODRA 
retains the discretion to modify any 
timeframe established herein in con-
nection with contract disputes. 

[76 FR 55221, Sept. 7, 2011, as amended by 
Doc. No. FAA–2017–0075, 82 FR 14429, Mar. 21, 
2017] 

§ 17.29

Informal resolution period. 

(a) The ODRA process for contract 

disputes includes an informal resolu-
tion period of twenty (20) business days 
from the date of filing in order for the 
parties to attempt to informally re-
solve the contract dispute either 
through direct negotiation or with the 
assistance of the ODRA. The CO, with 
the advice of FAA legal counsel, has 
full discretion to settle contract dis-
putes, except where the matter in-
volves fraud. 

(b) During the informal resolution 

period, if the parties request it, the 
ODRA will appoint a DRO for ADR who 
will discuss ADR options with the par-
ties, offer his or her services as a po-
tential neutral, and assist the parties 
to enter into an agreement for a formal 
ADR process. A person serving as a 
neutral in an ADR effort in a matter 
shall not serve as an adjudicating DRO 
or Special Master for that matter. 

(c) The informal resolution period 

may be extended at the request of the 
parties for good cause. 

(d) If the matter has not been re-

solved informally, the parties shall file 
joint or separate statements with the 
ODRA no later than twenty (20) busi-
ness days after the filing of the con-
tract dispute. The ODRA may extend 
this time, pursuant to § 17.27(e). The 
statement(s) shall include either: 

(1) A joint request for ADR, or an ex-

ecuted ADR agreement, pursuant to 
§ 17.37(d), specifying which ADR tech-
niques will be employed; or 

(2) Written explanation(s) as to why 

ADR proceedings will not be used and 
why the Adjudicative Process will be 
needed. 

(e) If the contract dispute is not com-

pletely resolved during the informal 
resolution period, the ODRA’s Adju-
dicative Process will commence unless 
the parties have reached an agreement 
to attempt a formal ADR effort. As 
part of such an ADR agreement the 
parties, with the concurrence of the 
ODRA, may agree to defer commence-
ment of the adjudication process pend-
ing completion of the ADR or that the 
ADR and adjudication process will run 
concurrently. If a formal ADR is at-
tempted but does not completely re-
solve the contract dispute, the Adju-
dicative Process will commence. 

(f) The ODRA shall hold a status con-

ference with the parties within ten (10) 
business days, or as soon thereafter as 
is practicable, of the ODRA’s receipt of 
a written notification that ADR pro-
ceedings will not be used, or have not 
fully resolved the Contract Dispute. 
The purpose of the status conference 
will be to commence the Adjudicative 
Process and establish the schedule for 
adjudication. 

(g) The submission of a statement 

which indicates that ADR will not be 
utilized will not in any way preclude 
the parties from engaging in non-bind-
ing ADR techniques during the Adju-
dicative Process, pursuant to subpart D 
of this part. 

§ 17.31

Dismissal or summary decision 

of contract disputes. 

(a) Any party may request by mo-

tion, or the ODRA on its own initiative 
may recommend or direct, that a con-
tract dispute be dismissed, or that a 
count or portion thereof be stricken, if: 

(1) It was not timely filed; 
(2) It was filed by a subcontractor or 

other person or entity lacking stand-
ing; 

(3) It fails to state a matter upon 

which relief may be had; or 

(4) It involves a matter not subject to 

the jurisdiction of the ODRA. 

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